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GJA Law – Sydney’s Trusted Parenting Lawyers

Parenting in Sydney

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When a family separates, the most pressing and often difficult questions revolve around the children. In Sydney, as across Australia, the focus of family law is not on parental rights, but on the rights, safety, and wellbeing of the child.

At GJA Law, we understand that navigating parenting arrangements can be emotionally charged and legally complex. Our approach is to provide clear, practical advice that prioritises your child’s stability and future, while guiding you through the legal framework with sensitivity and strategic insight.

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    What Is Parenting?

    Australian parenting law is governed by the Family Law Act 1975 (Cth). Its fundamental principle is that the best interests of the child are the paramount consideration in any parenting decision. This is not merely a guiding principle but the legal standard that courts, mediators, and lawyers must apply. The law deliberately moves away from concepts of “custody” or “access,” focusing instead on the practical realities of a child’s life: where they live, who they spend time with, and how important decisions are made for them.

    The Act presumes it is in a child’s best interests for both parents to have equal shared parental responsibility, meaning they must consult on major long-term decisions about the child’s education, health, religion, and cultural upbringing. Critically, this presumption does not apply—and may be rebutted—in cases involving family violence, child abuse, or neglect.

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    Types of Parenting Arrangements

    Parenting arrangements can be as unique as the families they serve. They generally fall into several broad categories, focusing on the child’s living and care arrangements:

    • Primary Care Arrangements: The child lives primarily with one parent and spends substantial and significant time with the other (e.g., every other weekend and half of school holidays). This is common, especially with younger children or where parental proximity or work schedules require it.
    • Shared Care Arrangements: The child spends a roughly equal amount of time with each parent (e.g., a week-about or 5/9-night fortnight schedule). This requires a high degree of cooperation, proximity, and flexibility between parents to support the child’s routine.
    • Nesting or Bird’s Nest Arrangements: The child remains in the family home, and the parents rotate in and out. This is rare and usually temporary, as it can be logistically and financially challenging.
    • Supervised Time Arrangements: A parent’s time with the child occurs in the presence of a nominated third party or professional supervisor. This is typically ordered where there are serious concerns about risk, such as family violence, substance abuse, or mental health issues.

    The “right” arrangement is the one that best meets the specific developmental, educational, and emotional needs of your child.

    Parenting Plans and Parenting Orders

    There are two primary ways to formalise your parenting agreement:

    1. Parenting Plans
    A Parenting Plan is a written, signed, and dated agreement between parents. It is not a legally enforceable court order, but it is a strong indicator of the parents’ intentions and is recognised under the Family Law Act. It is flexible, can be changed by mutual agreement, and does not require a lawyer or court. Plans commonly cover living arrangements, time spent, communication, education, health, and holiday schedules. While less formal, a well-drafted Parenting Plan provides crucial clarity and reduces conflict.

    2. Parenting Orders
    Parenting Orders are formal orders made by the Federal Circuit and Family Court of Australia. They are legally binding and enforceable. Orders can be made:

    • By Consent: If parents reach an agreement, they can apply jointly for Consent Orders, which are then stamped by the court and have the full force of law.
    • By Judicial Determination: If agreement cannot be reached, a judge will make orders after a hearing.

    Orders provide certainty and security but are more difficult to change, requiring either mutual consent (via new Consent Orders) or a successful application to the court to vary the order.

    How Parenting Decisions Are Made by the Court

    When parents cannot agree and the matter proceeds to court, the judge will make a determination based solely on the child’s best interests. The court considers two primary factors, in order:

    1. The benefit of the child having a meaningful relationship with both parents.
    2. The need to protect the child from physical or psychological harm, from being subjected to, or exposed to, abuse, neglect, or family violence.

    The court then evaluates a range of additional considerations, including the child’s views (depending on age and maturity), the nature of the child’s relationships with each parent and other significant persons, each parent’s capacity to provide for the child’s needs, and the practical difficulty and expense of time spent between households.

    Parenting Matters Involving Relocation

    Relocation cases—where one parent wishes to move a significant distance with the child, potentially impeding the other parent’s time—are among the most complex in family law. The court does not grant a parent “permission” to move. Instead, it reassesses the entire parenting arrangement based on the child’s best interests in the new proposed circumstances.

    The relocating parent must demonstrate a compelling reason for the move (e.g., a new partner, a job opportunity, family support) and present a detailed, credible proposal for maintaining the child’s relationship with the other parent. The court will carefully weigh the benefits of the move against the impact of diminishing a meaningful relationship with the other parent.

    Changing or Enforcing Parenting Arrangements

    Changing Orders: Parenting Orders are designed to be final, but they can be changed if there has been a significant change in circumstances affecting the child’s best interests (e.g., a parent’s relocation, change in a child’s needs, risk of harm). Parents can agree to new Consent Orders or apply to the court to vary the orders.

    Enforcing Orders: If a parent consistently breaches Parenting Orders, the other parent can apply to the court for enforcement. The court has wide powers, including ordering make-up time, imposing a bond, requiring attendance at a parenting program, and in serious, repeated cases, imposing fines or even ordering community service or imprisonment for contempt.

    Our Services

    GJA Law assists Sydney clients with a wide range of parenting matters, including:

    • Reviewing and drafting contracts or agreements
    • Advising on legal rights and obligations
    • Negotiating terms or resolving disputes
    • Working with agents, financial advisors, or other professionals where necessary
    • Managing the process through to completion with accuracy and efficiency

    • Dealing with GJA was a great experience. I felt comfortable at all times with their advice. My situation and the process was explained in laymans terms. As a result they won the case for me.

      Nick

    Why Choose GJA Law?

    • Clear, practical advice tailored to your situation
    • Fixed-fee certainty for common matters and transparent time-costed support for complex issues
    • Decades of experience across property, estate planning, and family law
    • Early adopters of technology to streamline processes and reduce errors
    • A client-focused approach that prioritises your goals and peace of mind

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    Contact Us

    If you are dealing with parenting in Sydney, contact GJA Law today. Our experienced lawyers will guide you through the process with confidence and provide the support you need.

    Common Parenting FAQs

    How are parenting arrangements decided under Australian family law?

    Parenting arrangements are determined based on what is in the best interests of the child, not the preferences or entitlements of either parent. The law focuses on the child’s safety, emotional wellbeing, stability, and relationships. Courts and practitioners consider factors such as the child’s age, needs, relationships with each parent, and each parent’s ability to meet those needs. Where possible, arrangements are tailored to the individual child rather than applying a one-size-fits-all approach.

    What is the difference between parental responsibility and time spent with a child?

    Parental responsibility refers to decision-making authority for major long-term issues, such as education, health care, religion, and cultural upbringing. Time spent with a child refers to the practical schedule of where the child lives and how much time they spend with each parent. Equal shared parental responsibility does not automatically mean equal time. Time arrangements depend on what is practical, safe, and in the child’s best interests.

    Do parenting arrangements have to be approved by a court?

    No. Many parents resolve parenting arrangements without court involvement. Informal arrangements can be recorded in a Parenting Plan, which provides clarity and flexibility but is not legally enforceable. If parents want certainty and enforceability, they can apply for Consent Orders, which formalise the agreement through the court. Court-imposed Parenting Orders are generally a last resort where agreement cannot be reached.

    Is mediation mandatory before going to court?

    In most cases, yes. Parents are generally required to attempt Family Dispute Resolution (FDR) before applying for Parenting Orders. Mediation provides an opportunity to resolve issues in a structured, neutral environment and often leads to more cooperative, sustainable outcomes. If mediation is unsuccessful, a certificate is issued allowing the matter to proceed to court. Exceptions apply where there are safety concerns or urgency.

    Can parenting arrangements be changed after they are made?

    Yes. Parenting arrangements can change as a child grows or circumstances evolve. Parenting Plans can be updated by agreement at any time. Parenting Orders can be varied by new Consent Orders or, if agreement is not possible, by court application where there has been a significant change in circumstances affecting the child’s best interests. The focus remains on the child’s current and future needs.

    What happens if a parent does not comply with parenting arrangements?

    If parenting arrangements are informal, enforcement options are limited. If Parenting Orders are breached without reasonable excuse, the court has powers to enforce compliance. These can include make-up time, counselling, fines, or more serious consequences for repeated breaches. Early legal advice can help resolve compliance issues before they escalate into entrenched conflict.

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